4
9.
On September 27, 2010, the Commission and the State submitted statements
given before a public notary. On September 28 and October 4, 2010, the representative
and the Commission, respectively, filed their comments on the statements submitted.
The State did not render any comments.
10.
In a note made by the Secretariat on October 1, 2010, the parties were informed
that due to the situation presented in Ecuador in that month, the Court decided to
postpone the holding of the XLII Extraordinary Period of Sessions in that country.
11.
On October 14 and 19, 2010, the State requested that the Court “reconsider the
participation of expert witness Jorge Luis González Izquierdo in the case’s hearing,” since
“his statement [would] serve to explain the context in which the facts of this case took
place.” On October 25, 2010, the representative filed comments on this request and the
Commission stated that “it did not [have] any observations to make.” On November 14,
2010, the plenary of the Court rejected the request for reconsideration filed by the
State.7
12.
The public hearing was held on November 16, 2010, during the 42nd
Extraordinary Period of Sessions of the Court8, held in the city of Quito, Ecuador.
13.
A note from the Secretariat of the Court dated December 1, 2010, based on the
provisions of Article 58(b) of the Court Rules of Procedure required the parties to file
arguments with backup documentation on various subjects regarding the case, along
with their written final arguments. Also, on January 11 and February 7 2011, more
information was requested of the parties in order to facilitate adjudication. That
information was filed on January 24 and Februrary 2 and 3, 2011, respectively.
14.
On December 4 and 6, 2010, the representative and the Inter-American
Commission filed their final written pleadings and comments in this case. On December
6, 2010, the State submitted its final arguments, submitting their annexes on December
15, 2010. On December 21, 2010 and January 5, 2011, the State submitted “additional
information” on the case. On January 21 and February 3, 2011, the representative and
the Commission filed their comments on this information.
15.
On January 21, 2011, specific information was requested from the representative
with regard to arguments and evidence on costs and expenses. That information was not
submitted. Moreover, on February 7, 2011, the Court required the representative and
the State to present specific information on the alleged victims of the present case.9 This
information was submitted on February 14, 2011.
III
7
Order of the Inter-American Court of Human Rights of November 14, 2010.
8
The following people attended the hearing: a) for the Inter-American Commission: María Silvia
Guillén, Commissioner; Santiago A. Canton, Executive Secretary; Lilly Ching Soto, legal advisor, and Silvia
Serrano Guzmán, advisor; b) for the representatives: Juan José Tello Harster, representative, and Guillermo
Darío Romero Quispe, SEDAPAL Functionaries, Professionals and Technicians Union Legal Defense Secretary,
and c) for the State: Delia Muñoz Muñoz, Special Supranational State’s Attorney; José Pimentel Aliaga,
Alternate Agent, SEDAPAL Legal Manager; Daisy Carmela Céspedes Ávila, Advisor, SEDAPAL Registry and
Human Resources Control Team Chief, and Jimena Rodríguez Moscoso, Attorney for the Supranational State’s
Attorney’s Office.
9
Through the note of the Secretariat on February 7, 2011, the representative and the State were
required to provide information regarding Mrs. Sonia Moraima Callirgos Benites’s correct name, whom was
identified as an alleged victim in the present case but was not inclused in the expert statements presented by
the representatives and the State. In this regard, the representative reported that there was a confusion, given
that in the expert report she was listed as Sonia Dupont Gallirgos. On its behalf, the State presented a copy of
the identification from the National Idenfication and Civil Status Registry (RENIEC) as well as proof of the labor
relation of Mrs. Callirgos Benites with SEDAPAL.